Kenneth Roth and Salil Shetty write: Edward J. Snowden, the American who has probably left the biggest mark on public policy debates during the Obama years, is today an outlaw. Mr. Snowden, a former National Security Agency contractor who disclosed to journalists secret documents detailing the United States’ mass surveillance programs, faces potential espionage charges, even though the president has acknowledged the important public debate his revelations provoked.

Mr. Snowden’s whistle-blowing prompted reactions across the government. Courts found the government wrong to use Section 215 of the Patriot Act to justify mass phone data collection. Congress replaced that law with the USA Freedom Act, improving transparency about government surveillance and limiting government power to collect certain records. The president appointed an independent review board, which produced important reform recommendations.

That’s just in the American government. Newspapers that published Mr. Snowden’s revelations won the Pulitzer Prize. The United Nations issued resolutions on protecting digital privacy and created a mandate to promote the right to privacy. Many technology companies, facing outrage at their apparent complicity in mass surveillance, began providing end-to-end encryption by default. Three years on, the news media still refer to Mr. Snowden and his revelations every day. His actions have brought about a dramatic increase in our awareness of the risks to our privacy in the digital age — and to the many rights that depend on privacy.

Yet President Obama and the candidates to succeed him have emphasized not Mr. Snowden’s public service but the importance of prosecuting him. Hillary Clinton has said Mr. Snowden shouldn’t be brought home “without facing the music.” Donald J. Trump has said, “I think he’s a total traitor and I would deal with him harshly.”

Eric H. Holder Jr. struck a more measured tone in May, upon leaving office as Mr. Obama’s attorney general. He recognized that while Mr. Snowden broke the law, “he actually performed a public service” by raising the national debate on surveillance practices. [Continue reading…]